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Feminism: Sex and gender discussions

should young girls go to prison for "false rape claims"

311 replies

traceyracer · 26/08/2018 11:51

nypost.com/2018/06/05/former-college-student-who-claimed-rape-admits-it-was-all-lies/

Won't sending her to prison make it harder for the real victims to come forward?

And what if she's mentally ill and needs help rather than criminal-minded?

OP posts:
karyatide · 29/08/2018 11:33

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PatriarchyPersonified · 29/08/2018 11:31

and also the incentives for being a badger trainer compared to being a banker are completely different and not balanced in any way.

PatriarchyPersonified · 29/08/2018 11:29

Im afraid your comprison is flawed Karya

Previous posters have claimed that rates of false rape accusations will be identical to other crimes, I'm stating that its very unlikely considering that there are numerous reasons for people to make a false rape allegation, but not numerous reasons to falsely report a burglary for example.

As far as I'm aware, no-one is claiming that there are comparable levels of badger trainers and bankers in society. I'm happy for you to provide me with an example of where that is the case.

karyatide · 29/08/2018 11:24

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PatriarchyPersonified · 29/08/2018 11:22

Karya

That's appalling. I'm sorry you experienced that. Flowers

Rufustheyawningreindeer · 29/08/2018 11:22
Smile

I hate it when that happens

PatriarchyPersonified · 29/08/2018 11:18

Rufus

No probs, I thought it would be confusing when I saw nothing had posted in before me.

Rufustheyawningreindeer · 29/08/2018 11:16

Oooh actually patriarchy

I may have been a little unfair there

Didnt realise your post was so close timewise to nothings second post

PatriarchyPersonified · 29/08/2018 11:15

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Rufustheyawningreindeer · 29/08/2018 11:13

kary Flowers

Sorry that happened to you

Rufustheyawningreindeer · 29/08/2018 11:13

She did read your whole post, what makes you think she didnt

The fact that she didnt go

OMG PATRIARCHY IS SO RIGHT, MY EYES HAVE BEEN OPENED

karyatide · 29/08/2018 11:11

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PatriarchyPersonified · 29/08/2018 11:09

Nothingontelly

Probably should have read my whole post before you responded...

Hmm
NothingOnTellyAgain · 29/08/2018 11:08

Women make "honest mistakes" sometimes when they accuse men of rape.
Women often "feel raped" but to the man they were enthusiastically consenting so how could he have known.
Is there a bingo card for this?
Your posts are getting on my tits.
Enormous numbers of women and girls (and also lots of men and boys) are raped as in RAPED RAPED (to borrow whoopie goldberg's words) every single year and you are putting this drivel down on here?

You are a rape apologist. Come on, reread what you just wrote. It's 100% clear that any women or girl who you hear about who has been raped your starting point is "let's look at this from the man's perspective shall we? and also remember that women and girls are malicious, vindictive liars".

This is the feminism women's rights board. You are unlikely to convince us that lots of rape is because women are stupid and change their minds. There is a reason for that.

Do you think a woman or girl - even a close relative - would disclose an assault to you? Would they fuck. Think about that.

NothingOnTellyAgain · 29/08/2018 11:03

Oh my fuckery
Just read this

"I do take your point that I may know women who have been raped who are unwilling to tell me about it. My issue here however is that I'd like to know how exactly they are defining rape."

Wow.

Will read rest of post now.
Guessing it means that women "cry rape" because a man looked at her funny on the tube / regrets sex / got drunk and had consensual sex and accuses of rape in the morning / and let's have a read shall we.

You need to watch what you're saying here patriarchy. The suggestion that women who have been raped may be "defiining it" in ways other than it's meant ie non consensual penetration is a totally shitty one.

PatriarchyPersonified · 29/08/2018 10:03

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prh47bridge · 29/08/2018 09:23

Yes I too can speculate about possible consequences. I'm asking whether anyone has ever collected any actual data wrt to these kinds of speculations

As far as I am aware no-one has collected any data on this. All we have is anecdotal evidence from lawyers involved in the criminal justice system plus some evidence from those who have been accused.

Rufustheyawningreindeer · 29/08/2018 09:15

I was responding, somewhat belatedly, to the second post in the thread

Oh honestly sorry

I always think its about the previous few posts which is obviously very silly of me, especially as im usually on the first page of most threads Grin

TallulahWaitingInTheRain · 29/08/2018 09:11

if you are charged, there is a good chance you will lose your job. The allegation may bring an end to your marriage or similar relationship and damage your relationship with other members of your family

Yes I too can speculate about possible consequences. I'm asking whether anyone has ever collected any actual data wrt to these kinds of speculations.

And I'm not suggesting that being the subject of a police investigation is fun. I'm suggesting that we need to know more about how many people actually undergo this sort of thing, what it typically involves and what its actual impacts are before claiming that it constitutes a human rights violation severe enough to justify the further victimisation of rape survivors. And genuine rape survivors will be victimised by punitive responses to perceived false allegations in a context where women are rarely believed even when telling the truth.

FermatsTheorem · 29/08/2018 09:00

By way of anecdote, I have actually lost count of the number of female friends (and a couple of male friends - I do know the number there because it's rarer) who've disclosed to me that they've been raped.

Patriarchy, there will be women in your circle of friends/acquaintances who have been raped. A lot of them. But I can explain why your experience will be skewed.

Women rape victims in particular are used to not being believed. (There's a subtly different, but equally toxic set of social pressures on men not to disclose). So they won't open up to friends until they know them well. And all this time, they'll have been quietly and subconsciously noting the attitudes the person they're talking to expresses in public.

Laughs (even awkwardly) at rape jokes? Not safe to talk to. Tells rape jokes? Probably not even safe to be alone with, much less talk to. Dismisses #metoo as attention seeking? Not safe to talk to. Makes comments like "I fear for my sons, growing up in a world awash with false rape accusations"? Not safe to talk to. Says things like "Women need to take responsibility for how they dress"? Not safe to talk to. On hearing of rape case in the public eye, immediately speculates as to how much alcohol the victim had drunk? Not safe to talk to.

Women will spend often up to several years of relatively close friendship, reading your reactions to things, before they feel safe to disclose their past.

As soon as you say "I know several men falsely accused of rape", a victim of rape is going to think "What are the odds on that? Maybe this man's friends have just been incredibly unlucky, or maybe, in fact more likely [not saying this is actually the case with you, but this is how they will assess the situation] he's just a rape apologist... No way would I let him drag my traumatic experiences through his I'm just a man capable of rationally weighing the evidence here and deciding your experiences aren't actually as you describe filter."

I repeat, I'm not saying this is what you are like. But a woman who's been raped, hearing how you talk about your friends who have been falsely accused, isn't going to take that risk. Therefore you don't know any women who've been raped - because the ones who have won't take the risk on telling you.

PatriarchyPersonified · 29/08/2018 05:57

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prh47bridge · 29/08/2018 00:43

A further piece of fallout I should add - if you are tried and acquitted following a false rape allegation you will be substantially out of pocket - of the order of £100,000. And if you are convicted and subsequently get your conviction overturned you are very unlikely to get any compensation.

I'm sure there is more I have missed.

prh47bridge · 29/08/2018 00:02

I think thats what the poster is referring to

I was responding, somewhat belatedly, to the second post in the thread. Given that the poster was responding to the OP, she seemed to think that a woman might end up in prison just because the prosecution failed to prove that her rapist was guilty beyond reasonable doubt. I would absolutely agree that a not guilty verdict does not necessarily mean that the victim was lying. It could be that the wrong man was accused, or that the evidence was insufficient to convince the jury that he was guilty. In the vast majority of cases the victim is a genuine rape victim.

The fact that women were found guilty of making false allegations that were later proven true puts the lie to your claim

No it does not. Proving that someone is guilty beyond reasonable doubt does not mean they are factually guilty. People are wrongly convicted from time to time. Unfortunately, it is sometimes possible to prove beyond reasonable doubt that someone is guilty of an offence when they are in fact innocent. It remains the case that, in any criminal prosecution, including a prosecution for making a false rape claim, the standard for conviction is that the jury must be convinced that the defendant is guilty beyond reasonable doubt. So the prosecution must show beyond reasonable doubt that the victim made the whole thing up.

I really do want to know what is the actual fallout of being made the subject of a (definitely) false rape allegation

At worst you can be convicted. If you continue to protest your innocence your release will be delayed. When you do eventually get released you will be on the sex offenders register for life unless you subsequently overturn your conviction. And, of course, even if you do manage to get your conviction overturned, there will always be people who continue to believe you were guilty.

If you are not convicted the effect varies. But, if you are charged, there is a good chance you will lose your job. The allegation may bring an end to your marriage or similar relationship and damage your relationship with other members of your family. The police may choose to reveal the allegation on any future DBS check, making it difficult for you to pursue some careers. And, of course, if people know that you have been accused, there will always be some who believe there is no smoke without fire.

MistressoftheYoniverse · 28/08/2018 23:58

What I don't get is this idea that that being investigated by the police is some jolly experience??...as I said if this was your son, husband, brothe,r anyone you care about would you feel the same if it was malicious??

If I didn't anything wrong but 'few stressful months' is cool wtf ?? why should anyone go through that?

I don't make excuses for shit behaviour man or woman

TallulahWaitingInTheRain · 28/08/2018 22:45

I really do want to know what is the actual fallout of being made the subject of a (definitely) false rape allegation. We are constantly told that false allegations should be punished harshly because they 'ruin lives' and are therefore morally equivalent to rape. But has anybody actually looked at this properly?

Are we talking about people actually losing their livelihood and contact with their family? Or a stressful few months while being investigated? Or having to have a humiliating conversation with their boss/wife? Or being told in a matey way by police that an allegation has been made but there's nothing to worry about because the police reckon the complainant is a 'crazy bitch'*? Or not even knowing about it because it's not taken forward? And in what proportions?

*true story, while we're doing anecdotes, although the allegation in this case wasn't false

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